AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AUTHORIZING A RIGHT-OF-WAY ACQUISITION ON PARCEL 179-061-01 TO THE ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES FOR THE EAST ROAD REHABILITATION PROJECT IN THE AMOUNT OF $1,575.00, ACCEPTING THE PURCHASE PRICE AND ALLOCATING IT TO THE LAND BANK FUND, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE DOCUMENTS INCLUDING THE MEMORANDUM OF AGREEMENT, WARRANTY DEED AND PURCHASE VOUCHER.

WHEREAS, parcel 179-061-01 is tax foreclosed property deeded to the City of Homer and initially accepted and designated in 1993 and redesignated via Ordinance 96-04 for resale; and

WHEREAS, this parcel is the corner lot south of East Road and west of Mattox Road and is Lot 18, Mattox Subdivision; and

WHEREAS, the Alaska Department of Transportation and Public Facilities, DOT/PF, has need for this right-of-way for the East Road Rehabilitation Project and conducted a fair market value estimate on January 17, 2001 ; and

WHEREAS, this right-of-way acquisition consists of approximately 0.0569 acres as well as an existing section line easement containing approximately 0.0213 acres; and

WHEREAS, DOT/PF has offered the City the full fair market value of $1,575.00; and

WHEREAS, documents needing to be executed are the Memorandum of Agreement, Warranty Deed and Purchase Voucher; and

WHEREAS, Ordinance 01-11(A) establishes a Land Bank Fund for monies from purchases of City Real property.

NOW, THEREFORE, BE IT ORDAINED by the Homer City Council that:

Sect ion 1. The right-of-way acquisition on parcel 179-061-01 to the Alaska Department of Transportation and Public Facilities for the East Road Rehabilitation Project in the Amount of $1,575.00 is authorized; and

Page Two

Ordinance 01-12(A)

City of Homer

Section 2. That the $1,575.00 is accepted and allocated to the Land Bank Fund; and

Section 3. That the City Manager is authorized to execute the appropriate documents including the Memorandum of Agreement, Warranty Deed and Purchase Voucher.

Section 4. This ordinance authorizes a real property transaction, includes a budget amendment, is not of a permanent nature and is a non code ordinance.

PASSED AND ENACTED by the Homer City Council this ______ day of ____________, 2001.

CITY OF HOMER

________________________________

JACK CUSHING, MAYOR

ATTEST:

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Ayes:

Noes:

Abstain:

Absent:

Introduction:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form and content:

Ron Drathman City Manager Gordon Tans, City Attorney

Date Date

Fiscal Note: $1,575.00 to the Land Bank Fund.